Willie Smith v. Aaron Ford ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 24 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIE T. SMITH, No. 21-16042
Plaintiff-Appellant, D.C. No. 3:20-cv-00501-JAD-CLB
v.
MEMORANDUM*
AARON FORD; JAMES DZURENDA; C.
DANIELS; B. WILLIAMS; J. NASH; W.
GITTERE; D. DRUMMOND; W.
REUBART; S. MOYLE; T. SANDOVAL; J.
BARTH; D. SOUTHWORTH; W. MOORE;
MARY SHAKAYLA, St.; THRASHER,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Nevada state prisoner Willie T. Smith appeals pro se from the district court’s
order denying his motion for injunctive relief in his 42 U.S.C. § 1983 action
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
alleging various constitutional claims. We have jurisdiction under 28 U.S.C.
§ 1292(a)(1). We review for an abuse of discretion. Arc of Cal. v. Douglas, 757
F.3d 975, 983 (9th Cir. 2014). We affirm.
The district court did not abuse its discretion in denying Smith’s motion for
a temporary restraining order and preliminary injunction because Smith failed to
demonstrate that such relief is warranted. See id. (requiring a plaintiff seeking
preliminary injunction to establish that he is likely to succeed on the merits, he is
likely to suffer irreparable harm in the absence of preliminary relief, the balance of
equities tips in his favor, and an injunction is in the public interest).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Appellees’ request for summary affirmance, set forth in the answering brief,
is denied.
AFFIRMED.
2 21-16042